| Author | Title | Citation | Summary | Year |
| Connie Rogers |
Native American Consultation in Resource Development on Federal Lands |
31-JAN Colorado Lawyer 113 (January, 2002) |
Natural resource companies must comply with myriad laws, regulations, and procedures regarding Native American interests on federal lands. This article discusses how complex cultural differences can make this compliance process time-consuming, frustrating and expensive for all involved. Mining companies and others developing natural resources on... |
2002 |
| Carrie F. Fletcher |
Native American Law |
70 George Washington Law Review 452 (April, 2002) |
In Cobell v. Norton, the D.C. Circuit held that by failing to keep an accurate accounting of Individual Indian Money (IIM) trust accounts, for which the federal government serves as trustee through the Departments of the Interior and Treasury, the government breached its fiduciary duty to the beneficiaries of those accounts. The court recognized... |
2002 |
| Linda Burhansstipanov, Lynne T. Bemis, Mark Dignan |
Native American Recommendations for Genetic Research to Be Culturally Respectful |
42 Jurimetrics Journal 149 (Winter, 2002) |
This article describes genetic research issues and recommendations identified by inter-tribal Native American groups in meetings with tribal leaders from 1995 through 1999. CITATION: Linda Burhansstipanov, Lynne T. Bemis, and Mark Dignan, Native American Recommendations for Genetic Research to Be Culturally Respectful, 42 Jurimetrics J.... |
2002 |
| D. Suagee, J. Walker, J. Bradley |
Native American Resources |
2002 ABA Environment, Energy, and Resources Law: The Year in Review 80 (2002) |
Indian legislation enacted into law in 2002 included two acts broadly applicable to Indian tribes: Indian Financing Act Amendments of 2002 and Native American Housing Assistance and Self-Determination Act amendments. Certain more broadly applicable acts, including the Homeland Security Act of 2002, include provisions specific to Indian tribes. In... |
2002 |
| Melanie Reed |
Native American Sovereignty Meets a Bend in the Road: Difficulties in Nevada V. Hicks |
2002 Brigham Young University Law Review 137 (2002) |
The path the Supreme Court has forged with regard to tribal sovereignty has meandered through a variety of landscapes with little predictability. The Court finally established a guiding light for determining tribal jurisdiction in the 1980s through the seminal case, Montana v. United States, but since that time has taken several turns in the road.... |
2002 |
| Kristine A. Brown |
Native American Team Names and Mascots: Disparaging and Insensitive or Just a Part of the Game? |
9 Sports Lawyers Journal 115 (Spring, 2002) |
I. L2-3,T3Introduction 115 II. L2-3,T3The Prevalence of Native American Names and Symbols in the Professional Sports Arena 116 III. L2-3,T3Trademark Law: Protection or Frustration? 120 A. Lanham Act. 121 B. Disparaging Trademarks. 123 C. The Redskins Case. 125 D. Beyond Harjo. 127 IV. L2-3,T3Alternative Approaches to Protection and Economic... |
2002 |
| Shaunda A.K. Liu |
Native Hawaiian Homestead Water Reservation Rights: Providing Good Living Conditions for Native Hawaiian Homesteaders |
25 University of Hawaii Law Review 85 (Winter, 2002) |
Mohala i ka wai ka maka o ka pua. This Hawaiian saying translated into English literally means unfolded by the water are the faces of the flowers. The saying is better understood as, flowers thrive where there is water, as thriving people are found where living conditions are good. Like flowers, people need water to flourish. Water is essential... |
2002 |
| Jesse Cook |
Navajo Nation V. United States: Determining When Native American Tribes Can Sue the United States Within a Trust Relationship |
7 Great Plains Natural Resources Journal 233 (Fall 2002) |
I. Introduction. 233 II. Facts and Procedure. 234 A. Events. 234 B. The United States Court of Federal Claims. 235 C. United States Court of Appeals - Federal Circuit. 236 III. Background. 236 A. The Tucker Act and Indian Tucker Act. 236 B. The Indian Mineral Leasing Act. 237 C. The Mitchell Analysis. 238 IV. Analysis. 239 V. Conclusion. 243 |
2002 |
| Amy Crafts |
Nevada V. Hicks and its Implication on American Indian Sovereignty |
34 Connecticut Law Review 1249 (Summer, 2002) |
In Oliphant v. Suquamish Indian Tribe, we held that tribes have no inherent criminal jurisdiction over non-Indians in tribal court. In light of the nearly universal understanding dating from the origins of this country's dealings with the tribes that they do not possess criminal jurisdiction over non-Indians except as permitted by treaty, and in... |
2002 |
| Gavin Clarkson |
Not Because They Are Brown, but Because of Ea : Why the Good Guys Lost in Rice V. Cayetano, and Why They Didn't Have to Lose |
7 Michigan Journal of Race and Law 317 (Spring 2002) |
Introduction. 317 I. Contextual Perspective on Relevant History. 319 A. Pre-Contact. 320 B. Treaty Making and Removal (1789-1871). 320 C. Allotment and Assimilation (1871-1928). 325 D. The Period of Indian Reorganization (1928-1945). 329 E. The Termination Period (1945-1961). 331 F. The Era of Self Determination (1961-present). 331 II. The Case of... |
2002 |
| Rebecca Tsosie , Speaker |
Panel Ii: Natural Resources, Economies & the Environment: Global Issues Facing Native Communities |
7 Great Plains Natural Resources Journal 26 (Fall 2002) |
In my presentation today I would like to focus on domestic policy concerning public lands. Specifically, I would like to discuss the management of public lands under the concepts of the public trust and the trust to Indian nations. This, in turn, raises the issue of intercultural justice with respect to our decisions to use natural resources.... |
2002 |
| Edward Valandra , Speaker |
Panel Ii: Natural Resources, Economies & the Environment: Global Issues Facing Native Communities |
7 Great Plains Natural Resources Journal 31 (Fall 2002) |
I want to address globalization. Symbolically speaking on the Rosebud Reservation, Highway 83 runs north and south from Mexico to Canada. That route is a trade corridor of the Native American Free Trade Agreement of (NAFTA) which runs right through the heart of my homelands. Every time we, the Sicangu Lakota, step outside, the highway is there to... |
2002 |
| Frank Pommersheim , Speaker |
Panel Ii: Natural Resources, Economies, and the Environment: Global Issues Facing Native Communities |
7 Great Plains Natural Resources Journal 23 (Fall 2002) |
I shall briefly discuss four topics today. They include the concepts of natural resources, economy, globalization, and change. I want to do this by simply reviewing some vocabulary that appears in the Indian law, environmental, and economic development discourse. Tribes must determine what certain words mean for them before they can truly move... |
2002 |
| Mike Jandreau , Speaker |
Panel Iv: Lewis & Clark & the Indian Tribes: Retelling the Historical Encounter |
7 Great Plains Natural Resources Journal 60 (Fall 2002) |
Ed Valandra told me to tell you that I'm probably the expert on Lewis and Clark because he thinks I shook hands with them, when they got here. When I was a young boy in school, in American History class, Lewis and Clark was spoken about as a heroic band of people who traveled into the wilderness to discover the savages, and deal with claiming this... |
2002 |
| Otis Half Moon , Speaker |
Panel Iv: Lewis and Clark and the Indian Tribes: Retelling the Historical Encounter |
7 Great Plains Natural Resources Journal 49 (Fall 2002) |
I've been involved in this Lewis and Clark thing for quite awhile. First of all, I should be courteous here and explain some of the places I've been and where I've served for the National Park Service. I've worked at the Big Hole National Battlefield. I was the interpreter there for a number of years. That deals with the Nez Perce war of 1877. I... |
2002 |
| Wayne Evans , Speaker |
Panel Iv: Lewis and Clark and the Indian Tribes: Retelling the Historical Encounter |
7 Great Plains Natural Resources Journal 55 (Fall 2002) |
I would like to say thank you to the students for asking me to be here. It is an honor to be here. I think they asked me to present because I had some feelings, beliefs, and attitudes about this whole thing. I got involved in the Lewis and Clark Corps of Discovery kind of by accident. There's group called the Friends of the Museum at the W.H. Over... |
2002 |
| Albert White Hat , Speaker |
Panel V: Revitalizing Economies, Preserving Cultures & Protecting the Environment: Striking the Balance in South Dakota & Indian Country |
7 Great Plains Natural Resources Journal 62 (Fall 2002) |
Learning about history, spirituality, medicine men, visions and way of life, my grandfather was a chief in 1893. He went to Crow Agency to make peace with them. His message was, we are all fenced in now, and unless we work together we will all die. So I was very fortunate, I had connections back to the other century on oral history. Many of us that... |
2002 |
| Ike Schmidt , Speaker |
Panel V: Revitalizing Economies, Preserving Cultures & Protecting the Environment: Striking the Balance in South Dakota & Indian Country |
7 Great Plains Natural Resources Journal 64 (Fall 2002) |
In the early 1970s, the Indian takeover of a building in D.C. had a real impact on the legislature, which came with the Indian Self-Determination and Education Assistance Act and opened the doors for tribes to contract much of the services that the federal government was administrating at the local level. Right now, when you look at our form of... |
2002 |
| Bob Gough , Speaker |
Panel V: Revitalizing Economies, Preserving Cultures & Protecting the Environment: Striking the Balance in South Dakota & Indian Country |
7 Great Plains Natural Resources Journal 67 (Fall 2002) |
I serve as a consultant with the Rosebud Sioux Tribal Utility Commission and as secretary for the Intertribal Council On Utility Policy (COUP). Intertribal COUP is composed of federally recognized Indian Tribes and looks at energy and utility policy issues on its member reservations in North and South Dakota and among affiliates throughout the... |
2002 |
| Malcolm B. Bowekaty |
Perspectives on Research in American Indian Communities |
42 Jurimetrics Journal 145 (Winter, 2002) |
This article discusses research-oriented responsibilities of the Zuni governor and tribal council to the Zuni people. To reduce potential negative effects and to enhance the lifestyle of the Zuni, these bodies screen and review research in an effort to ascertain compliance with tribal law, to be culturally respectful, and to determine... |
2002 |
| Professor S. James Anaya, The University of Arizona, James E. Rogers College of Law, 1201 E. Speedway Blvd., Tucson, Arizona 85721, United States of America, Tel.: (520)626-6341, Fax: (520)621-9140 |
Petition and Preliminary Declaration of the Mayagna Community of Awas Tingni on Reparations and Costs |
19 Arizona Journal of International & Comparative Law 377 (Spring, 2002) |
1. The Inter-American Commission on Human Rights (hereinafter the Commission or the Inter-American Commission) presented to the Inter-American Court of Human Rights (hereinafter the Court) a petition against the Republic of Nicaragua (hereinafter the State or the State of Nicaragua) relating to the case of the Mayagna (Sumo) Indigenous... |
2002 |
| Sarah H. Cleveland |
Powers Inherent in Sovereignty: Indians, Aliens, Territories, and the Nineteenth Century Origins of Plenary Power over Foreign Affairs |
81 Texas Law Review Rev. 1 (November, 2002) |
I. Introduction. 3 II. Sovereignty and the Constitution. 15 A. Sovereignty. 15 B. The Constitution's Scope. 17 1. Enumerated Powers-Limited Government. 19 2. Social Contract-Membership. 20 3. Territoriality. 22 III. Inherent Power Over Indian Tribes. 25 A. Indians and Sovereignty under International Law. 28 B. The Doctrine of Discovery and The... |
2002 |
| George K. Walker |
Principles for Collective Humanitarian Intervention to Succor Other Countries' Imperiled Indigenous Nationals |
18 American University International Law Review 35 (2002) |
I. STATE OF NECESSITY. 40 II. THE PROPOSED PRINCIPLES. 55 A. Prior Situations. 55 B. State of Necessity: Opposing Principles and Policies. 66 C. Analysis of Principles and Factors Governing State of Necessity Intervention. 70 1. Restating the Restatements' Principles. 74 2. Refining the International Law Commission and the Restatements' Analyses... |
2002 |
| Ryan K. Danby, D. Scott Slocombe |
Protected Areas and Intergovernmental Cooperation in the St. Elias Region |
42 Natural Resources Journal 247 (Spring, 2002) |
Ecosystem-based management is now recognized as the central approach in protected area planning and management. However, objective analyses and assessments of the types of interagency partnerships and collaborative relationships necessary for successful implementation of such an approach are limited. This article provides a detailed description and... |
2002 |
| Alyse D. Bertenthal |
Providing Equal Educational Opportunities: Title Ix and Indian Tribal Schools |
69 University of Chicago Law Review 1271 (Summer 2002) |
The federal government has long assumed a legal obligation to provide education to the Indian tribes. The government's initial education policy developed as an integral part of its more general policy of civilizing the American Indian. However, federal policies over the past sixty-five years have placed an increasing emphasis on Indian... |
2002 |
| Frank James Singer III |
Providing the General Welfare? Compelling Indian Tribes to Participate in State Unemployment Programs |
33 McGeorge Law Review 323 (Winter, 2002) |
Code Sections Affected Unemployment Insurance Code §§ 125.4, 135, 605, 634.5, 709, 710, 802, 803, 1086, 1128.1, 1253.3, 1735.1 (amended); § § 710.6, 804, 1119, 1141.1 (new). AB 1537 (Horton); 2001 Stat. Ch. 255. We must make it clear that Indians can become independent of Federal control without being cut off from Federal concern and Federal... |
2002 |
| Robert B. Porter |
Pursuing the Path of Indigenization in the Era of Emergent International Law Governing the Rights of Indigenous Peoples |
5 Yale Human Rights and Development Law Journal 123 (2002) |
This Article argues that the meaningful revitalization of Indigenous nations depends upon engaging in a process of indigenization, the active pursuit of a distinct developmental path, culture, and identity. Significant barriers to indigenization include not only political, economic, and social obstacles, but also psychological reliance upon the... |
2002 |
| Patricia Thompson |
Rapporteur's Summary of the Deliberative Forum: Are Environmental Ngos Friends or Foes of Indigenous Peoples? |
13 Colorado Journal of International Environmental Law and Policy 75 (Winter 2002) |
The relationship between indigenous peoples and environmental nongovernmental organizations (NGOs) is shifting. Increasingly, international attention and law are focusing on the rights of indigenous peoples as not only different and distinct from that of environmental NGOs but of greater priority. This is not surprising as it is often an indigenous... |
2002 |
| William Trapani |
Re/cognizing Native American Sovereignty in an Age of Manifest Manners |
3 Journal of Law in Society Society 1 (Winter, 2002) |
According to a circular law with which philosophy is familiar, we will affirm that the one who is the most, most purely, or most rigorously, most essentially, Franco-Maghrebian would allow us to decipher what it is to be Franco-Maghrebian in general. We will decipher the essence of the Franco-Maghrebian from the paradigmatic example of the most... |
2002 |
| Kirsten M. Hetzel |
Reaching Regional Consensus: Examining United States Native American Property Rights in Light of Recent International Developments |
10 Tulane Journal of International and Comparative Law 307 (Spring 2002) |
I. Introduction. 307 II. The International Perspective on Indigenous Peoples' Property Rights. 310 A. International Instruments. 310 1. The Inter-American System. 310 2. UN Developments. 313 B. Customary International Law. 315 III. The Inter-American Court of Human Rights Takes a Giant Step Forward: Awas Tingni v. Nicaragua. 318 A. The Awas Tingni... |
2002 |
| Rebecca Tsosie |
Reclaiming Native Stories: an Essay on Cultural Appropriation and Cultural Rights |
34 Arizona State Law Journal 299 (Spring, 2002) |
My people will sleep for one hundred years. When they awake it will be the artists that give them back their spirit. Louis Riel (Cree/Metis) When one lives in a society where people can no longer rely on the institutions to tell them the truth, the truth must come from culture and art . . . . Every culture has art and probably the first form of art... |
2002 |
| Kristin Ann Mattiske |
Recognition of Indigenous Heritage in the Modern World: U.s. Legal Protection in Light of International Custom |
27 Brooklyn Journal of International Law 1105 (2002) |
The United Nations General Assembly has declared the decade from 1995 to 2004 the International Decade of the World's Indigenous People. The stated goal is to strengthen international cooperation for the solution of problems faced by indigenous people in such areas as human rights, the environment, development, education and health. It is... |
2002 |
| Paul M. Sullivan |
Recognizing the Fifth Leg: the "Akaka Bill" Proposal to Create a Native Hawaiian Government in the Wake of Rice V. Cayetano |
3 Asian-Pacific Law and Policy Journal J. 4 (July, 2002) |
I. Introduction II. Rice v. Cayetano III. The Akaka Bill A. Legislative History B. Core Elements of the Bill C. Critique of the Akaka Bill 1. Mancari, Sandoval and the Lack of a True Tribe 2. Adarand and the Constitutional Test of Strict Scrutiny 3. Omissions and Ambiguities in the Bill 4. The Lack of Resources for the Governing Entity IV.... |
2002 |
| Gabriel S. Galanda |
Reservations of Right |
10-OCT Nevada Lawyer 23 (October, 2002) |
Last year, the United States Supreme Court held in Nevada v. Hicks that the Fallon Paiute-Shoshone tribal court could not adjudicate a tribal member's claims against a Nevada state law enforcement officer for allegedly exceeding the scope of a search warrant on the reservation. You may be asking, So, what does Nevada v. Hicks have to do with my... |
2002 |
| Gabriel S. Galanda |
Reservations of Right: a Practitioner's Guide to Indian Law |
32-FALL Brief 64 (Fall, 2002) |
Over the past decade, Indian tribes throughout the United States have become major players in the nation's economy. Tribes are aggressively creating and operating new businesses in the areas of real estate development, banking and finance, media, telecommunications, wholesale and retail trade, tourism, and gaming. (See sidebar on page 66.) A... |
2002 |
| Edward Grauman |
Resource Rebels: Native Challenges to Mining and Oil Corporations, by Al Gedicks. Cambridge, Mass.: South End Press, 2001. Pp. 241. $18.00, Paper. |
15 Harvard Human Rights Journal 345 (Spring, 2002) |
Our planet is on the brink of ecological disaster. Fossil fuel emissions and rainforest destruction have combined to release enough carbon dioxide into the atmosphere to significantly warm the climate. Toxic chemicals pollute the air, ground and water that sustain us. Delicate ecosystems that nurture the diversity of life are being eradicated. In... |
2002 |
| Anthony (T.J.) F. Quan |
Respeta I Taotao Tano : the Recognition and Establishment of the Self-determination and Sovereign Rights of the Indigenous Chamorros of Guam under International, Federal, and Local Law |
3 Asian-Pacific Law and Policy Journal J. 3 (Winter 2002) |
A. The History of Guam and the Chamorros 1. Arrival of the Ancient Chamorros and Establishment of Culture and Society 2. The Spanish Conquest and Colonial Period 3. The 19th to 20th Centuries: Guam as a U.S. Territory, the Japanese Insurgence, and Its New Social, Political, and Economic Makeup 4. The Chamorro Community, Culture, Heritage, and... |
2002 |
| Francine R. Skenandore |
REVISITING SANTA CLARA PUEBLO V. MARTINEZ: FEMINIST PERSPECTIVES ON TRIBAL SOVEREIGNTY |
17 Wisconsin Women's Law Journal 347 (Fall 2002) |
Much has been written about tribal sovereignty. If those words have any meaning at all, they must mean that a tribe can make and enforce its decisions without regard to whether an external authority considers those decisions wise. To abrogate tribal decisions, particularly in the delicate area of membership, for whatever good reasons, is to... |
2002 |
| Jeanette Wolfley |
Rice V. Cayetano: the Supreme Court Declines to Extend Federal Indian Law Principles to Native Hawaiians Sovereign Rights |
3 Asian-Pacific Law and Policy Journal J. 6 (July, 2002) |
Good Evening. I am honored to be here with you and to participate on this panel to discuss the decision in Rice v. Cayetano. I feel privileged to share some thoughts with you about the decision as it relates to Indian Country, and its impact on Indian tribes and individual Indians. The grand scholar of federal Indian law, Felix S. Cohen, wrote in... |
2002 |
| Judith Kimerling |
Rio + 10: Indigenous Peoples, Transnational Corporations and Sustainable Development in Amazonia |
27 Columbia Journal of Environmental Law 523 (2002) |
I. Introduction. 523 II. Business, Indigenous Peoples, and the Earth Summit. 526 III. Case Study: Occidental Petroleum in Ecuador. 532 A. Background. 534 B. The Two Faces of Occidental. 539 C. Legal and Policy Framework for Community Relations. 541 D. Land Access and Site Selection. 549 E. Self Regulation and the Privatization of Environmental Law.... |
2002 |
| Rain Archambeau |
Rosebud Sioux Tribe V. Mcdivitt, 286 F.3d 1031, Hog Farm Corporation in Indian Country Lacks Standing in Federal Court to Challenge Bia Action Voiding Land Lease |
7 Great Plains Natural Resources Journal 244 (Fall 2002) |
I. Introduction. 245 A. Grounds for Denying Standing. 246 II. Facts and Procedure. 247 A. Hog Farm Project History. 247 B. The Rise of Tribal Opposition. 249 C. Lower Court Decision in Rosebud Sioux Tribe v. Gover. 250 III. Background. 251 A. Standing. 251 B. Zone of Interests Test. 252 C. Summary of Sun Prairie's Prudential Standing Argument. 252... |
2002 |
| Richard E. James |
Sanctuaries No More: the United States Supreme Court Deals Another Blow to Indian Tribal Court Jurisdiction |
41 Washburn Law Journal 347 (Winter 2002) |
Fiat iustitia ruat caelum (Let justice be done though the heavens fall) The Romans believed that the law reigned supreme and justice depended on strict adherence to the law, regardless of the circumstances. In Nevada v. Hicks, the United States Supreme Court put justice and adherence to law first in spite of the storm of criticism the Court... |
2002 |
| Wendell W. Weber |
Scientific Rationales for Population-specific Genetic Research: Pharmacogenetics in Indigenous Peoples |
42 Jurimetrics Journal 141 (Winter, 2002) |
Drug effectiveness and toxicity, like many other human physical and mental traits, depend on ethnicity. Knowledge of ethnic specificity is an essential part of pharmacogenetics, the scientific study of variation in human drug response, because it suggests ways of tailoring drug therapy to individual patients as well as rational design and... |
2002 |
| David E. Wilkins, University of Minnesota, Twin Cities |
Sidney L. Harring, White Man's Law: Native People in Nineteenth-century Canadian Jurisprudence, Toronto: University of Toronto Press, 1998. Pp. 449. $60.00 (Isbn 0-8020-0503-9). |
20 Law and History Review 442 (Summer, 2002) |
Sidney L. Harring, professor of law at Queen's College, City University of New York, who in 1994 wrote Crow Dog's Case: American Indian Sovereignty, Tribal Law, and United States Law in the Nineteenth Century, a solid treatment of how U.S. law both established and abused the legal rights of American Indians, has now turned his focused attention in... |
2002 |
| Sheri L. Hazeltine |
Speedy Termination of Alaska Native Parental Rights: the 1998 Changes to Alaska's Child in Need of Aid Statutes and Their Inherent Conflict with the Mandates of the Federal Indian Child Welfare Act |
19 Alaska Law Review 57 (June, 2002) |
This Article examines the problems with the new Child in Need of Aid (CINA) statutes and how these problems have affected Alaska Native families. The Article discusses how the new CINA statutes have failed to incorporate the special protections found under the federal Indian Child Welfare Act (ICWA) for cases involving Alaska Native children.... |
2002 |
| Thomas Kelley |
Squeezing Parakeets into Pigeon Holes: the Effects of Globalization and State Legal Reform in Niger on Indigenous Zarma Law |
34 New York University Journal of International Law & Politics 635 (Spring 2002) |
Does the white man understand our custom about land? How can he when he does not even speak our tongue? Chinua Achebe Rural Zarma people in the West African Republic of Niger live on the distant fringe of the globalized world. This article will describe the law that they live by and argue that Western-oriented national legal reforms under way in... |
2002 |
| Dao Lee Bernardi-Boyle |
State Corporations for Indian Reservations |
26 American Indian Law Review 41 (2001-2002) |
Reservation American Indians are among the poorest people living in this country. This poverty is not limited to reservations deprived of resources; [d]espite abundant natural resources of land, timber, wildlife, and energy, Indian reservations remain among the most impoverished areas in the United States. Although they have an impressive history... |
2002 |
| Elizabeth Cook-Lynn |
Strategies |
34 Arizona State Law Journal 261 (Spring, 2002) |
Good morning. As a Dakota, one always begins by saying Nape cheuzapi. I want to shake hands with all of you and the essential question which we heard articulated so well, taku iniciapi he? Who are all of you in relation to the rest of us? That is, I guess, what we are interested in as we come here together. This has been a wonderful conference on... |
2002 |
| Emily J. Huitsing |
The Ability of Native American Tribes to Waive Their Tribal Sovereign Immunity in Clear and Unequivocal Contracts to Arbitrate |
2002 Journal of Dispute Resolution 213 (2002) |
Native American tribes enjoy immunity from suits on contracts made on or off a reservation. A tribe is subject to suit only if it has clearly waived its immunity or Congress has expressly authorized the suit. Tribal immunity was given to the tribes on the principle that tribes are sovereigns or quasi sovereigns enjoying immunity from judicial... |
2002 |
| Mitchell Peterson |
The Applicability of Federal Employment Law to Indian Tribes |
47 South Dakota Law Review 631 (2002) |
Employment is one of the most fundamental relationships in the lives of Americans, and, accordingly, Congress has extensively regulated the employment relationship. In the context of Indian tribes as employers, the extent of federal regulation is unclear. Both Title VII of the Civil Rights Act of 1964 (Title VII) and the Americans with Disabilities... |
2002 |